Charles Stimson at the Heritage Foundation is opposed to President Obama nomination of Vanita Gupta to head the Justice Department’s Civil Rights Division. While it is fine to disagree with a person’s policy position or oppose their nomination, his dishonest attempt to distort the facts is unacceptable. From his article in the Heritage Foundation’s Daily Signal:

Yet just last week the current Democratic Governor of Colorado, John Hickenlooper, said that legalizing recreational use of marijuana was a “reckless.” And there is a growing body of evidence to prove his point: (1) pot-positive auto fatalities have gone up 100 percent in 2012, the year the state legalized pot; (2) the majority of DUI drug arrests involve marijuana and 25 to 40 percent were pot alone; (3) from 2011 through 2013 there was a 57 percent increase in marijuana-related emergency room visits–and there are many other indications of failure. New research, from a 20-year study, proves the dangers of marijuana.

But Gupta does not stop with marijuana. In calling for all drugs to be decriminalized–essentially legalizing all dangerous drugs–Gupta displays a gross lack of understanding of the intrinsic dangers of these drugs when consumed in any quantity.

First, the line about a pot-positive test in 2012 is doubly dishonest. Given that marijuana metabolites remain in the body for potentially weeks after use, this statistic tells more about the increase in overall testing than any impact on driver safety. More importantly, even though marijuana possession was technically legalized in Colorado in 2012, it didn’t go into effect until December 10th, way too late in the year to make a real impact on statistics for the year. So even if it was a good data point, this would still be a very deceptive way of using it in the argument.

Even worse is Stimson’s pathetic attempt to distort Gupta’s position by claiming decriminalization of drugs is “essentially legalizing” them. Either this is an active attempt to divide the public, or a depressing inability to understand a very basic legal distinction from a self-proclaimed ‘leading expert in criminal law.’

What Gupta wrote was, “Decriminalize/”Defelonize” Drug Possession. States should decriminalize simple possession of all drugs, particularly marijuana, and for small amounts of other drugs.” Decriminalization is merely reducing some of the harsh penalties for possession of small amounts of drugs, but that is not the same as legalization. Under decriminalization, the drug is still illegal to possess or sell. There are still punishments for possession, just ones less draconian and costly for the government; fines and possibly mandatory treatment instead of incarceration.

Legalization on the other hand is making a drug completely legal for adults to use and possess. In the context of drug policy debates, the term almost always also includes establishing a regulated system for adults to be able to legally purchase it.

According to Stimson’s twisted logic, marijuana is already essentially legal over a dozens states, including Mississippi where possession of small amounts of marijuana was decriminalized in 1978 and is punishable with a $250 fine. I suspect the people in Mississippi would laugh in the face of anyone trying to make the claim marijuana is “legal” in their state.

]]>http://justsaynow.firedoglake.com/2014/10/21/the-heritage-foundations-very-dishonest-attack-on-vanita-gupta/feed/3World Health Organization Calls for Drug Decriminalization to Prevent Spread of HIVhttp://justsaynow.firedoglake.com/2014/07/17/world-health-organization-calls-for-drug-decriminalization-to-prevent-spread-of-hiv/
http://justsaynow.firedoglake.com/2014/07/17/world-health-organization-calls-for-drug-decriminalization-to-prevent-spread-of-hiv/#commentsThu, 17 Jul 2014 16:13:56 +0000Jon Walkerhttp://justsaynow.firedoglake.com/?p=7220To advance the goals of public health, mainly preventing the spread of HIV, the World Health Organization is calling for the decriminalization of drugs in a new set of guidelines.

The report acknowledges that, “Supporting the health and well-being of key populations whose sexual behaviours, drug use, gender expression or perceived sexual orientation are currently criminalized may require changing legislation and adopting new policies and protective laws in accordance with international human rights standards. Without protective policies and decriminalization of the behaviour of key populations, barriers to essential health services will remain; many people from key populations may fear that seeking health care will expose them to adverse legal consequences.”

It highlights the example of Portugal which decriminalized all drugs in 2001 and focused on harm reduction strategies. In 2000 the country had 907 new HIV cases among drug users but that dropped to only 267 new cases in 2008.

That is why when it comes to drugs they recommend:

Countries should work toward developing policies and laws that decriminalize injection and other use of drugs and, thereby, reduce incarceration.

Countries should work toward developing policies and laws that decriminalize the use of clean needles and syringes (and that permit NSPs) and that legalize OST for people who are opioid-dependent.

Countries should ban compulsory treatment for people who use and/or inject drugs

The War on Drugs was not just an expensive failure and a racial justice travesty, it has hampered efforts to stop the spread of deadly diseases. The positive news is that the failings of the War on Drugs are starting to be more publicly acknowledged both nationally and internationally.

An incredible 89.6 percent support allowing the medical use of marijuana if prescribed by a doctor while just 7.9 percent of adults in Maryland oppose it

A slim majority of Marylanders believe that marijuana should be legal in their state. The newly released Goucher Poll found 39.4 percent of adults think pot should remain illegal while 50.1 percent the use of marijuana should be made legal. The results are basically unchanged since they last polled the question in October.

If Maryland did legalize marijuana the people of the state would want it heavily regulated. Among adults 25 percent would want it regulated more strictly than alcohol and 57 percent would want marijuana regulations to be roughly equal to those place on alcohol. Only 16.2 percent think marijuana should be less regulated than alcohol currently is in the Maryland.

The poll also found an incredible 89.6 percent support allowing the medical use of marijuana if prescribed by a doctor while just 7.9 percent of adults in Maryland oppose it.

The results come as the Maryland legislature debates whether or not to decriminalized the possession of marijuana. Wednesday the Senate gave preliminary approval to a bill that would make possession of less than 10 grams of marijuana only a civil offense punished with a fine.

The bill would then move to the House where it faces an uncertain future, as the House has been less supportive of marijuana reform than the Senate has in the past.

The big advances for marijuana reform still tend to come during election years when initiatives are put on the ballot, but there are already some promising signs for possible legislative victories in 2013. Across the country several marijuana reform bills have been introduced in the state legislatures that either stand a decent chance of becoming law this year or will at least significantly advance the issue of reform. Hopefully, the fact the voters in Colorado and Washington State recently came out so strongly for full legalization will convince politicians across the country that the electorate wants change.

Here is my list of the eight possible marijuana reforms in 2013 that look most promising. It is obviously still early in the year so other actions can still potentially emerge.

1) New Hampshire, medical marijuana – Medical marijuana was almost approved in New Hampshire last year but only failed because the bill was vetoed by then Governor John Lynch (D). Lynch has since retired and been replaced by Governor Margaret Hassan (D). Hassan is a supporter of medical marijuana and voted for it when she was serving in the state legislature.

2) Vermont, marijuana decriminalization – Governor Peter Shulmin (D) considers marijuana decriminalization a real priority for this legislative session and already bills have been introduced in the legislature. The legislature in Vermont is also controlled by Democrats so that chances are good something will be approved.

3) New York, decriminalizing marijuana in “public view” – Minor possession of marijuana in New York is already decriminalized as long as it is not in “open view.” This legal technicality is being exploited in a devastating way in New York City. In primarily low minority neighborhoods the police are using a stop and frisk tactic. They basically forcing random people to empty their pockets and then arrest them for having the marijuana in public view. The issue has received serious media attention and during his State of the State address Governor Andrew Cuomo (D) called decriminalizing the public view of 15 grams or less of marijuana a priority for 2013.

4) Illinois, medical marijuana – In the past the Illinois State House has come close to approving a medical marijuana bill but it ended up just a few votes short. In the 2012 election, though, Democrats made significant gains in the state legislature. Given that Democrats tend to be more supportive of marijuana reform, the election should have improved the chances of action this year. Gov. Pat Quinn (D) has previously said he would consider signing a medical marijuana law.

5) Washington State, vacating old marijuana convictions – It is idiotic and unfair for people to be burdened with a criminal record for something that is no longer even a crime. That why the bipartisan HB 1661 has recently been introduced in Washington State. It would allow people who were previously convicted of misdemeanor marijuana possession to have their record vacated. Hopefully, the fact that the people of the state overwhelming voted to legalize marijuana will encourage the legislature to act.

Even if it is not approved this session, it is important for support to start building around this issue as marijuana legalization continues to spread. The slow process of ending marijuana prohibition won’t be completed until the needless suffering it caused is also fixed as best it can be.

6) Kentucky, industrial hemp – One of the most absurd parts of the United State’s marijuana prohibition is that industrial hemp has been caught up in it. While the industrial hemp plant are technically related to marijuana it is only in the way that a Pomeranian is technically related to a grey wolf. Industrial hemp can’t get people high.

There is an effort underway to fix this problem to allow farmers to grow industrial hemp, which is an agricultural product with a variety of uses. Kentucky’s two senators, Minority Leader Mitch McConnell (R) and Rand Paul (R), are both pushing to allow local farmers to grow hemp. The recent backing of McConnell is very important. He is not only the unofficial leader of the GOP in Kentucky, but one of the most politically powerful people in Washington.

7) Hawaii, marijuana legalization – A bill was recently introduced in the Hawaii State House that would legalize marijuana. Even though the bill is probably not going to pass this year, what makes this effort significant is that the bill is sponsored by House Speaker Joe Souki (D), who holds the most powerful position in the chamber.

This will be an interesting test of how much support legalization currently has in the Hawaii state legislature and should help build support for reform going forward. Hawaii was the first state legislature to approve medical marijuana and it is possible that in a few years it might be the first state legislature to legalize marijuana.

8) Rhode Island, marijuana legalization – State Rep. Edith Ajello (D) introduced a bill to legalize marijuana for adults. While it is unlikely to be approved this year, the Rhode Island had recently adopted several marijuana reforms including both a marijuana decriminalization bill and a medical marijuana dispensary bill last year. This bill should test to see how much the recent election has changed the politics around the issue and help build support moving forward.

Long term, Rhode Island will be one the top targets for getting legalization approved through the state legislature. It is a very liberal state but doesn’t allow for ballot initiatives.

]]>http://justsaynow.firedoglake.com/2013/02/07/the-eight-most-promising-marijuana-reform-bills-for-2013/feed/1Two-Thirds of Canadians Think Marijuana Should be Decriminalizedhttp://justsaynow.firedoglake.com/2012/07/02/two-thirds-of-canadians-think-marijuana-should-be-decriminalized/
http://justsaynow.firedoglake.com/2012/07/02/two-thirds-of-canadians-think-marijuana-should-be-decriminalized/#commentsMon, 02 Jul 2012 18:57:53 +0000Jon Walkerhttp://justsaynow.firedoglake.com/?p=2522The overwhelming majority of Canadians think that marijuana should be fully decriminalized, according to a new Ipsos Reid poll for Postmedia News and Global TV. From Leader Post:

It found that 66 per cent of people believe that “the possession of marijuana in small amounts” should be “decriminalized so that it no longer carries a penalty or fine.” Another 34 per cent opposed the idea.

Support for decriminalization is strongest in Atlantic Canada (72 per cent) followed by British Columbia, Saskatchewan/Manitoba and Ontario — in all three regions, support for decriminalization runs at 69 per cent.

Back in 1987 only 39 percent of Canadians supported decriminalization, but support for marijuana has grown steadily for decades. The people of Canada are becoming more familiar with marijuana; as a result they have become less hostile towards it.

Despite the strong public support for marijuana decriminalization in Canada, don’t expect the national government to improve its marijuana policies anytime soon. Prime Minister Stephen Harper and his Conservative Party remain firmly opposed to liberalizing the nation’s marijuana laws.

]]>http://justsaynow.firedoglake.com/2012/07/02/two-thirds-of-canadians-think-marijuana-should-be-decriminalized/feed/11NJ Marijuana Decriminalization Bill Approved Unanimously in Committeehttp://justsaynow.firedoglake.com/2012/05/22/nj-marijuana-decriminalization-bill-approved-unanimously-in-committee/
http://justsaynow.firedoglake.com/2012/05/22/nj-marijuana-decriminalization-bill-approved-unanimously-in-committee/#commentsTue, 22 May 2012 15:58:58 +0000Jon Walkerhttp://justsaynow.firedoglake.com/?p=2331A bill to reduce the penalties for minor marijuana possession in New Jersey won unanimous bipartisan approval in the Assembly Judiciary Committee yesterday. The vote on A1465 was 7-0, with five Democrats and two Republican on the committee voting to move the bill forward. Having cleared the committee, the bill could get a vote before the whole Assembly as early as Thursday.

The proposed bill would decriminalize the possession of 15 grams or less of marijuana and marijuana related drug paraphernalia. A person caught with a small amount of marijuana would be subject to only a $150 civil penalty for a first offense. A second offense would result in a $200 fine, and all further offenses would result in a $500 fine. If a person over the age of 21 is caught three times they would be referred to a drug education program. The possession of marijuana related paraphernalia would also no longer be a criminal offense and would result in a $100 civil penalty.

Under current New Jersey law possession of a small amount of marijuana for personal use is a criminal offense that can result in up to six months in prison and a $1,000 fine.

New Jersey’s Republican governor Chris Christie has yet to take a position of the proposed bill one way or the other, but the bill has been cosponsored by three Republicans in the Assembly.

Earlier this month, both the Connecticut State Senate and House of Representatives approved SB 1014, a bill that would decriminalize minor possession of marijuana. Now newly released Quinnipiac polling taken immediately after the state legislature approved the bill shows the voters of the state overwhelmingly support the move by a margin of two-to-one. From Quinnipiac:

Voters also support 66 – 31 percent a law to de-criminalize possession of small amounts of marijuana. Support is 77 – 21 percent among Democrats, 49 – 45 percent among Republicans and 66 – 31 percent among independent voters. Support is slightly stronger among men, 69 – 28 percent, than among women, 64 – 33 percent.

There is a clear message in this poll for local and national politicians all across the country: Decriminalizing marijuana is not controversial.

Most American people support reducing the penalties for minor marijuana infractions. The American people don’t think harsh punishments for possessing a small amount of marijuana is either good policy or a smart use of government resources.

If politicians pass more sensible laws, the public will support it.

]]>http://justsaynow.firedoglake.com/2011/06/15/connecticut-voters-overwhelming-support-move-to-decriminalize-marijuana/feed/0Connecticut Shows Overwhelming Support for Medical Marijuana and Decriminalization – Change in Law Could Come Soonhttp://justsaynow.firedoglake.com/2011/03/10/connecticut-shows-overwhelming-support-for-medical-marijuana-and-decriminalization-change-in-law-could-come-soon/
http://justsaynow.firedoglake.com/2011/03/10/connecticut-shows-overwhelming-support-for-medical-marijuana-and-decriminalization-change-in-law-could-come-soon/#commentsThu, 10 Mar 2011 19:59:23 +0000Jon Walkerhttp://justsaynow.firedoglake.com/?p=1301An Overwhelming majority of Connecticut voters support both legalizing medical marijuana and the decriminalization of possession of small amounts, according to a recent Quinnipiac poll.

There is a proposal in the state legislature that would decriminalize possession of small amounts of marijuana. Low-level marijuana users would be punished with a fine, instead of a criminal charge. Do you think this is a good idea or a bad idea?

65% good idea
32 Bad idea
3 DK/NA

There is a proposal in the state legislature that would allow adults to legally use marijuana for medical purposes if their doctor prescribes it. Do you think this is a good idea or a bad idea?

79% good idea
17 Bad idea
3 DK/NA

While support for both medical marijuana and decriminalization was strongest among young people, and Democratic support for the changes was remarkably strong across the board, a majority of Republicans, Independents, and every age group in the poll thought the legal changes would be a good idea.

Unfortunately, Quinnipiac didn’t ask voters how they felt about actually legalizing and regulating marijuana, but given the strong support for decriminalization and the overall national trend on legalization, I wouldn’t be surprised if there was already majority support for such a move in Connecticut.